Quick Revision : Parliament and State Legislature

A Comprehensive Guide to the Indian Parliament and State Legislatures

The Indian Parliament, the supreme legislative body of the country, and the State Legislatures, its counterparts in the states, form the bedrock of India's parliamentary democracy.¹ This detailed guide explores the intricate functioning of these legislative bodies in a structured format, drawing parallels, highlighting differences, and providing a comprehensive understanding for aspirants of competitive examinations and informed citizens alike.

The Machinery of Lawmaking: A Structural Flowchart

The following flowchart provides a bird's-eye view of the various components that constitute the Indian Parliament and, by extension, the State Legislatures. Each element will be elaborated upon in the subsequent sections.

Overview

Indian Parliament / State Legislature

Key Elements

Sessions

Budget Session
Monsoon Session
Winter Session
Types of Bills

Ordinary Bill
Money Bill
Financial Bill
Constitutional Amendment Bill
Parliamentary Tools

Question Hour
Zero Hour
Motions
Resolutions
Presiding Officers

Speaker of Lok Sabha / Legislative Assembly
Chairman of Rajya Sabha / Legislative Council
Deputy Speaker/Chairman
Whip
Committees

Standing Committees
Ad-hoc Committees
Legislative Procedures

First Reading
Second Reading
Third Reading
Assent of President / Governor

In-Depth Analysis: Parliament vs. State Legislature

This section delves into each component of the legislative machinery, offering a parallel comparison between the Parliament and the State Legislature.

1. Sessions: The Conclaves of Deliberation

Feature	Indian Parliament	State Legislature
Summoning	President summons each House of Parliament. The maximum gap between two sessions cannot be more than six months.	Governor summons each House of the State Legislature. The maximum gap between two sessions cannot be more than six months.
Types of Sessions	Conventionally three sessions are held in a year: Budget Session (Feb-May), Monsoon Session (July-Sept), and Winter Session (Nov-Dec).	The number and duration of sessions are determined by the respective State Governments, though they generally follow a similar pattern to the Parliament.
Prorogation	The President prorogues the House (terminates a session).	The Governor prorogues the House(s).
Dissolution	The President can dissolve the Lok Sabha. The Rajya Sabha is a permanent body and is not subject to dissolution.	The Governor can dissolve the Legislative Assembly. The Legislative Council (if it exists) is a permanent body.
Governing Articles	Parliament: Article 85	State Legislature: Article 174
Similarities	The summoning authority and the maximum permissible gap between sessions are analogous. The concepts of prorogation and dissolution are also similar for the lower houses.
Differences	The number and specific timing of sessions in State Legislatures can vary more significantly depending on the state's legislative agenda and political exigencies.
PYQ Trends	Questions often focus on the distinction between adjournment, prorogation, and dissolution, and the powers of the President/Governor in this regard.
Real-Life Example	The summoning of a special session of Parliament to discuss and pass the Goods and Services Tax (GST) Bill is a prime example of the executive's power to convene the legislature for urgent matters. Similarly, state governments often convene special sessions to address pressing local issues.

2. Types of Bills: The Blueprints of Legislation

Feature	Indian Parliament	State Legislature
Ordinary Bill	Can be introduced in either House. Requires a simple majority in both Houses to pass. In case of a deadlock, the President can summon a joint sitting (Article 108).	Can be introduced in either House (if bicameral). The Legislative Assembly's will prevails in case of a disagreement. The provision for a joint sitting does not exist for State Legislatures.
Money Bill	Can only be introduced in the Lok Sabha on the recommendation of the President. The Rajya Sabha has limited powers; it can only make recommendations, which the Lok Sabha may or may not accept. The Speaker of the Lok Sabha certifies a bill as a Money Bill.	Can only be introduced in the Legislative Assembly on the recommendation of the Governor. The Legislative Council (if it exists) has limited powers, similar to the Rajya Sabha. The Speaker of the Legislative Assembly certifies a bill as a Money Bill.
Financial Bill	Category A: Can be introduced only in the Lok Sabha on the President's recommendation. Category B: Can be introduced in either House, but requires the President's recommendation for consideration.	Similar provisions exist for Financial Bills in the State Legislature, with the Governor's recommendation being the prerequisite.
Constitutional Amendment Bill	Can be introduced in either House of Parliament. Requires a special majority for passage. No provision for a joint sitting. Some amendments require ratification by at least half of the state legislatures.	State Legislatures cannot initiate any bill for the amendment of the Constitution.
Governing Articles	Ordinary Bill: Articles 107, 108 Money Bill: Articles 109, 110 Financial Bill: Article 117 Constitutional Amendment Bill: Article 368	Ordinary Bill: Articles 196, 197 Money Bill: Articles 198, 199 Financial Bill: Article 207
Similarities	The procedure for the introduction and passage of Money Bills and Financial Bills is largely identical at both levels. The certification by the Speaker is the final authority in determining a Money Bill.
Differences	The most significant difference lies in the process for resolving deadlocks over ordinary bills (joint sitting in Parliament, absent in states) and the exclusive power of the Parliament to amend the Constitution.
PYQ Trends	The distinction between Money Bills and Financial Bills, the powers of the Rajya Sabha/Legislative Council regarding these bills, and the procedure for constitutional amendments are frequently tested areas.
Real-Life Example	The introduction of the Aadhaar Bill as a Money Bill in 2016 sparked a major debate about the Speaker's powers and the government's strategy to bypass the Rajya Sabha, where it lacked a majority. This is a crucial case study for understanding the politics surrounding different types of bills.

3. Parliamentary Tools: The Instruments of Accountability

Feature	Indian Parliament	State Legislature
Question Hour	The first hour of every parliamentary sitting is allotted for asking and answering questions. Questions are of three types: Starred, Unstarred, and Short Notice.	The first hour of a sitting in the State Legislature is also generally reserved for the Question Hour, following a similar format.
Zero Hour	An Indian parliamentary innovation, it starts immediately after the Question Hour and allows members to raise matters of urgent public importance without any prior notice.	State Legislatures also have their own versions of the Zero Hour, though its duration and conduct can vary.
Motions	Various motions like Adjournment Motion, No-Confidence Motion, Censure Motion, and Calling Attention Motion are used to draw the attention of the government to specific issues and hold it accountable.	Similar motions are available to the members of the State Legislature to exercise control over the state government.
Resolutions	Members can move resolutions to draw the attention of the House or the government to matters of general public interest.	This tool is also available and used in the State Legislatures.
Governing Articles	The conduct of business in Parliament is governed by rules made by each House under Article 118.	The conduct of business in the State Legislature is governed by rules made by each House under Article 208.
Similarities	The fundamental purpose and a majority of the parliamentary tools for ensuring executive accountability are common to both the Parliament and State Legislatures.
Differences	The intensity and frequency of the use of these tools can differ based on the political dynamics within a particular state. The media focus on parliamentary proceedings is generally higher.
PYQ Trends	Questions often test the specific purpose and procedural requirements of different types of motions, particularly the No-Confidence Motion and Adjournment Motion.
Real-Life Example	The frequent use of the Adjournment Motion by the opposition in Parliament to discuss issues like price rise or national security highlights its importance as a tool to disrupt normal business and force a debate.

4. Presiding Officers: The Guardians of the House

This section focuses on the pivotal role of the Presiding Officers, with a special emphasis on the Speaker of the Lok Sabha.

The Speaker of the Lok Sabha: Powers, Neutrality, and Comparisons

The Speaker of the Lok Sabha is the constitutional and ceremonial head of the House.² Elected by the Lok Sabha from amongst its members, the Speaker's role is crucial for the orderly conduct of parliamentary business.³

Role and Powers of the Speaker of Lok Sabha:

Guardian of the Rules: The Speaker is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and the parliamentary precedents, within the House.⁴
Conduct of Business: The Speaker presides over the sittings of the Lok Sabha and maintains order and decorum.⁵ The Speaker decides the agenda for the meetings and allots time for discussions.
Casting Vote: The Speaker does not vote in the first instance but can exercise a casting vote in the case of a tie (Article 100).⁶
Power over Money Bills: The Speaker's decision on whether a bill is a Money Bill is final (Article 110).⁷
Disqualification of Members: The Speaker decides on the disqualification of a member of the Lok Sabha on the grounds of defection under the Tenth Schedule of the Constitution. This power has been a subject of judicial scrutiny.
Presiding over Joint Sittings: The Speaker presides over a joint sitting of the two Houses of Parliament (Article 108).⁸
Head of Parliamentary Committees: The Speaker is the ex-officio chairman of some committees and appoints the chairmen of other committees.⁹

Is the Speaker Politically Biased or Neutral?

The office of the Speaker is expected to be one of impartiality and neutrality. However, the fact that the Speaker is elected on a party ticket and often has political ambitions raises concerns about their neutrality.

Historical Examples of Perceived Bias:
- The Aadhar Bill (2016): Speaker Sumitra Mahajan's decision to certify the Aadhar Bill as a Money Bill was widely criticized by the opposition as a move to bypass the Rajya Sabha.¹⁰
- Disqualification Petitions: There have been numerous instances in both Parliament and State Assemblies where Speakers have been accused of delaying decisions on disqualification petitions against defecting MLAs to benefit the ruling party.¹¹ For example, the case of the disqualification of 17 MLAs in Karnataka in 2019 saw the Speaker's role come under intense scrutiny.¹²
Arguments for Neutrality:
- Many Speakers have upheld the dignity of the office by acting in a non-partisan manner.
- The provision of a casting vote, rather than a regular vote, is designed to ensure impartiality.
- The conduct of the Speaker cannot be discussed in the House except on a substantive motion for their removal.

How the Speaker of Lok Sabha Differs from:

Feature	Speaker of Lok Sabha	Chairman of Rajya Sabha	Speaker of State Legislative Assembly
Election	Elected by the members of the Lok Sabha from amongst themselves.	The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.	Elected by the members of the Legislative Assembly from amongst themselves.
Membership of the House	Must be a member of the Lok Sabha.	Not a member of the Rajya Sabha.	Must be a member of the Legislative Assembly.
Casting Vote	Can exercise a casting vote in case of a tie.	Can exercise a casting vote in case of a tie.	Can exercise a casting vote in case of a tie.
Power over Money Bills	Certifies a bill as a Money Bill.	Has no power to certify a Money Bill.	Certifies a bill as a Money Bill in the state.
Presiding over Joint Sittings	Presides over a joint sitting of both Houses of Parliament.	Does not preside over a joint sitting. The Speaker of the Lok Sabha does.	The concept of a joint sitting does not exist in State Legislatures.
Removal	Can be removed by a resolution passed by a majority of all the then members of the Lok Sabha.	Can be removed from the office of Vice-President by a resolution of the Rajya Sabha passed by a special majority and agreed to by the Lok Sabha.	Can be removed by a resolution passed by a majority of all the then members of the Assembly.
Governing Articles	Lok Sabha: Articles 93-97	Rajya Sabha: Articles 64, 89	State Legislative Assembly: Articles 178-181

5. Whip: The Enforcer of Party Discipline

Feature	Parliament	State Legislature
Role	Every major political party has a whip who is responsible for ensuring the attendance of party members in the House and securing their support in favour of or against a particular issue. They also regulate and monitor their party members' behaviour in Parliament.	The concept and role of the whip are identical in the State Legislatures.
Legal Status	The office of the whip is not mentioned in the Constitution of India but is recognized in the Rules of the House and by parliamentary convention.	The whip in the State Legislature also derives its authority from party rules and legislative conventions.
Governing Articles	Not applicable (based on convention).	Not applicable (based on convention).
Similarities	The function and informal nature of the whip are the same at both the central and state levels.
Differences	The effectiveness and influence of the whip can vary depending on the internal discipline and coherence of the political party.
PYQ Trends	Questions on the whip often test its role in the context of the anti-defection law.
Real-Life Example	The issuance of a three-line whip by a political party during a crucial vote, such as a no-confidence motion, makes it mandatory for its members to be present and vote according to the party line. Violation of this can attract disqualification under the anti-defection law.

6. Committees: The Workhorses of the Legislature

Feature	Indian Parliament	State Legislature
Types	Two main types: Standing Committees (permanent and continuous) and Ad-hoc Committees (temporary and for a specific purpose). Key standing committees include the Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings.	State Legislatures also have a system of committees that are broadly similar to the parliamentary committees, although the number and exact nature of committees may vary.
Function	These committees perform detailed scrutiny of legislation, government expenditure, and policies, which is not possible in the full House. They act as "mini-legislatures."	Committees in State Legislatures perform similar functions of detailed examination of bills, budgets, and policies of the state government.
Governing Articles	Parliament: Article 118 allows each House to make rules for regulating its procedure and the conduct of its business, which includes the formation of committees.	State Legislature: Article 208 provides the same power to the Houses of the State Legislature.
Similarities	The committee system is a fundamental and similar feature of both the Parliament and State Legislatures, designed to enhance legislative oversight.
Differences	The scale of operations and the resources available to parliamentary committees are generally greater than those of state-level committees. Not all states may have a well-developed and robust committee system as seen in the Parliament.
PYQ Trends	Questions often focus on the composition and functions of the three main financial committees (Public Accounts, Estimates, and Public Undertakings).
Real-Life Example	The Joint Parliamentary Committee (JPC) constituted to investigate the 2G spectrum allocation scam is a prominent example of an ad-hoc committee set up for a specific, high-profile investigation.

7. Legislative Procedures: The Path of a Bill

Feature	Indian Parliament	State Legislature
First Reading	Introduction of the bill and publication in the gazette. No discussion takes place.	The same procedure is followed in the State Legislature.
Second Reading	This is the most crucial stage. It involves a general discussion on the principles of the bill, followed by a clause-by-clause consideration. The bill may be referred to a select committee at this stage.	The second reading in the State Legislature also involves similar stages of discussion and consideration.
Third Reading	The debate is confined to the acceptance or rejection of the bill as a whole. No amendments are allowed.	The third reading follows the same principle in the State Legislature.
Assent	After being passed by both Houses, a bill is presented to the President for his assent. The President can give his assent, withhold his assent, or return the bill for reconsideration (if it is not a Money Bill).	After being passed by the House(s), a bill is presented to the Governor for his assent. The Governor can give his assent, withhold his assent, return the bill for reconsideration, or reserve the bill for the consideration of the President (Article 200).
Governing Articles	Parliament: Articles 107, 111	State Legislature: Articles 196, 200, 201
Similarities	The three-reading process for the passage of bills is a common legislative practice at both levels.
Differences	The Governor's power to reserve a bill for the President's consideration is a significant difference, reflecting the subordinate position of the State Legislature in certain matters. The President has an absolute veto over such reserved bills.
PYQ Trends	Questions on the legislative procedure often focus on the different stages of a bill's passage and the veto powers of the President and the Governor.
Real-Life Example	Several bills passed by state legislatures on subjects in the Concurrent List that are repugnant to a central law have been reserved by the Governor for the President's assent, highlighting the constitutional framework of legislative relations between the Centre and the states.

Tabular Comparison: Parliament vs. State Legislature at a Glance

Feature	Parliament	State Legislature
Houses	Lok Sabha (House of the People) & Rajya Sabha (Council of States)	Legislative Assembly (Vidhan Sabha) & Legislative Council (Vidhan Parishad - in 6 states)
Head	President is an integral part.	Governor is an integral part.
Sessions	Summoned by the President. Three sessions are the norm.	Summoned by the Governor. The number and duration vary.
Bills	Ordinary: Joint sitting provision for deadlock. Money: Introduced only in Lok Sabha. Constitutional Amendment: Exclusive power of Parliament.	Ordinary: No joint sitting; Assembly prevails. Money: Introduced only in the Assembly. Constitutional Amendment: No power to initiate.
Presiding Officer (Lower House)	Speaker of Lok Sabha	Speaker of Legislative Assembly
Presiding Officer (Upper House)	Chairman of Rajya Sabha (Vice-President)	Chairman of Legislative Council
Powers	Can legislate on subjects in the Union List and Concurrent List. Has overriding powers on the Concurrent List.	Can legislate on subjects in the State List and Concurrent List.
Committees	Extensive and well-established committee system.	Committee system exists but may be less robust in some states.
Governing Articles	Part V, Articles 79-122	Part VI, Articles 168-212

Test Your Knowledge

UPSC Prelims Style MCQs

Which of the following statements regarding the Speaker of the Lok Sabha is incorrect?
(a) The Speaker is the final interpreter of the provisions of the Constitution within the House.
(b) The Speaker can vote in the first instance to resolve a deadlock.
(c) The Speaker presides over a joint sitting of the two Houses of Parliament.13
(d) The Speaker's decision on whether a bill is a Money Bill is final.14
Answer: (b) The Speaker can only exercise a casting vote in case of a tie, not vote in the first instance.¹⁵
Consider the following statements:
1. The provision for a joint sitting of both Houses of the legislature to resolve a deadlock is available for both the Parliament and the State Legislatures.
2. A Money Bill can only be introduced in the Lok Sabha or the State Legislative Assembly with the prior recommendation of the President or the Governor respectively.
  Which of the statements given above is/are correct?
  (a) 1 only
  (b) 2 only
  (c) Both 1 and 2
  (d) Neither 1 nor 2
Answer: (b) The provision for a joint sitting is only available in the Parliament (Article 108) and not in the State Legislatures.
The power of the Governor to reserve a bill for the consideration of the President is a significant aspect of Centre-State legislative relations.16 This power is enshrined in:
(a) Article 111
(b) Article 200
(c) Article 213
(d) Article 356
Answer: (b) Article 200 deals with the assent to bills by the Governor, including the power to reserve a bill for the President's consideration.¹⁷
With reference to Parliamentary Committees, which of the following is/are the financial committees?
1. Public Accounts Committee
2. Committee on Petitions
3. Estimates Committee
4. Committee on Public Undertakings
  Select the correct answer using the code given below:
  (a) 1 and 3 only
  (b) 1, 3 and 4 only
  (c) 2 and 4 only
  (d) 1, 2, 3 and 4
Answer: (b) The Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings are the three key financial committees.¹⁸ The Committee on Petitions is a standing committee of a different category.¹⁹
The office of the 'Whip' is often seen in the context of parliamentary proceedings.20 Which of the following statements best describes its role?
(a) It is a constitutional office responsible for conducting the business of the House.21
(b) It is an informal office within each political party to ensure party discipline and attendance.22
(c) It is a judicial authority that decides on cases of defection.
(d) It is a tool used by the Presiding Officer to adjourn the House.
Answer: (b) The Whip is a party office, not a constitutional, judicial, or presiding officer's tool, and its primary function is to enforce party discipline.²³

GS2 Mains-Style Analytical Question

Question: The office of the Speaker in India is vested with immense power and responsibility.²⁴ However, the continued political affiliation of the Speaker raises persistent questions about their impartiality. Critically analyze the role of the Speaker in ensuring the democratic functioning of the legislature, suggesting reforms to strengthen the neutrality of the office.²⁵ (250 words)